Wyo. Code R. 038-0003-8
Effective Date: 02/22/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 038.0003.8.02222023
Section 1. Grounds for Disciplinary Actions. The Commission may suspend or revoke any permit, license, or decal issued by it for any violations by the person holding the permit, or such vendor's or operator's employees or agents, of any of the provisions of the statutes, or any of the rules promulgated thereunder. Acceptance or renewal of a skill based amusement game permit, license, or decal constitutes an agreement on the part of the vendor or operator to be bound by all the Commission rules. It is the responsibility of the vendor or operator to remain self-informed of the content of all such rules, and ignorance thereof will not excuse violations.
(a) Upon its own motion, upon motion of the director, or upon written complaint signed and sworn to by the complainant, the Commission may determine to initiate disciplinary proceedings against any person that has been issued a permit, license, or decal by the Commission to suspend or revoke the permit, license, or decal.
(b) The Commission may initiate disciplinary proceedings against a vendor or operator where it determines that: the vendor or operator, their employees, or their agents have violated any of the provisions of the skill based amusement game statutes or rules; or that violations by the vendor or operator, their employees, or agents, of laws other than the skill based amusement game laws make the vendor or operator no longer suitable for permitting or licensure by the Commission.
(c) Disciplinary proceedings shall be initiated by the Commission, or the director, and be sent to the vendor or operator by first class mail at the last known mailing address of the vendor or operator, a list of the grounds for the proposed disciplinary action and a notice containing at least the time and place for any hearing before the Commission concerning the proposed disciplinary action. Said list and notice shall be mailed to the vendor or operator at least thirty (30) days prior to the hearing.
(d) A denial of an application, or a revocation or suspension of a permit or license, under W.S. §§ 11-25-304 through -305 shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act, and the Office of Administrative Hearings' Uniform Rules for Contested Case Practice and Procedure, which are incorporated by reference in these rules.
Section 3. Citizen Complaints Authorized – Procedure Following Filing. Any person claiming that a vendor or operator has engaged or is engaging in conduct constituting grounds
for disciplinary action may file with the director a sworn written complaint stating the name and address of the vendor or operator complained against. The complaint must fully detail the conduct alleged to violate a specified skill based amusement game statute, rule, or other legal requirement, upon which the complaint is made. If the director determines the complaint has merit, the director must immediately serve, by first class mail, the vendor or operator complained against and any other affected parties a copy of the complaint. The vendor or operator complained against has twenty (20) days to answer after service of the complaint on the vendor or operator, which answer shall be filed with the director, on behalf of the Commission. The director may reject a complaint if it does not meet the requirements of this section. If the vendor or operator answers the complaint, the vendor or operator must serve an original and one (1) copy.
Section 4. Dismissal of Citizen Complaint. After receipt of the answer to the complaint, after the time has expired to answer, or after having determined that no answer is necessary, the director must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit, or is frivolous, or whether it charges conduct constituting grounds for disciplinary action. If the director determines that the complaint is without merit, or is frivolous, or that it does not charge conduct constituting grounds for disciplinary action, the director must dismiss the complaint and notify, in writing, the complainant, the vendor or operator complained against, and other affected parties, stating the reasons for dismissal. The director may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.
Section 5. Informal Consultation. If the director considers the citizen complaint, or any other allegations, to be grounds for disciplinary action, the director may consult with the vendor or operator and the parties affected in an effort to resolve the matter satisfactorily without a formal hearing. The director must notify, in writing, the complainant, the vendor or operator complained against, and affected parties of the results of the informal consultation. The informal consultation does not prevent the Commission from conducting a formal hearing.
Section 6. Assurance of Voluntary Compliance. The director may accept an assurance of voluntary compliance regarding any act or practice alleged to violate the statutes or these rules, from a person who has engaged in, is engaging in, or is about to engage in such acts or practices. The assurance must be in writing and may include a stipulation for the voluntary payment of an amount necessary to restore to a person money or property which may have been acquired by the alleged violator because of the acts or practices. An assurance of voluntary compliance may not be considered an admission of a violation for any purpose. However, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of the statutes or these rules. The Commission may approve or review an assurance of voluntary compliance.
Section 7. Decision to Initiate Disciplinary Action. At any time during the review and investigation of a citizen complaint, the director or the Commission may decide to initiate
formal disciplinary proceedings where grounds exist to sustain their initiation.
Section 8. Criminal Convictions as Grounds for Revocation or Suspension. The Commission may revoke or suspend the skill based amusement game permit or license of any person who is convicted of a crime, even though the convicted person's post-conviction rights and remedies have not been exhausted, if the crime or conviction involves a felony, gambling, or skill based amusement games, or if it discredits or tends to discredit the State of Wyoming, skill based amusement game or gaming industry.
Section 9. Facts of Criminal Charge. The charge in any jurisdiction of a vendor or operator with a felony or with a misdemeanor involving moral turpitude is grounds for disciplinary action. The Commission may find the vendor or operator committed a violation based on the facts of the criminal charge even though the vendor or operator has been acquitted on the criminal charge.
Section 10. Final Action by Commission. After hearing the evidence and reaching a decision in connection with any disciplinary proceeding, the Commission may find the vendor or operator did not commit a violation as alleged for disciplinary action; in which event the disciplinary proceedings shall be terminated. The Commission may, however, find the vendor or operator committed, by clear and convincing evidence, some or all of the grounds alleged for disciplinary action; in which event the Commission may revoke the permit, may suspend the permit or license for a particular period of time, or may take any combination of these actions. This section does not prevent the Commission from compromising or settling at any time prior to a formal hearing, and the Commission may also allow an assurance of voluntary compliance. Written findings of fact, conclusions of law, and an order must be entered before any decision of the Commission to suspend or revoke a permit or license shall be considered final. The Commission may allow or require briefs of law before making any decision.
Section 11. Summary Suspension. Where the Commission has reasonable grounds to believe and finds that any person holding a permit has committed a deliberate or willful violation of any of the provisions of the statutes or rules, or that the vendor or operator has been charged with a felony in Wyoming or in another state, or that due to other violations of law by the vendor or operator, the public health, safety, or welfare imperatively requires emergency action, and where the Commission incorporates such findings in its order, the Commission may summarily suspend a permit or license pending disciplinary proceedings for suspension or revocation. Any such disciplinary proceedings shall be promptly instituted and determined.
Section 12. Notice of Summary Suspension. The director or his designee must have delivered a notice of summary suspension personally or by mail to the vendor or operator who has been suspended. The notice must state when the suspension will begin and end, and must state the reasons for the suspension.
(a) The Commission or director may require a person who formerly held a permit or license to meet certain conditions before reissuing a permit to that person, including but not limited to the following:
(a) The Commission hereby incorporates by reference the following uniform rules:
(i) Chapter 2 – Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found electronically at http://gaming.wyo.gov. The Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.
(b) For these rules incorporated by reference:
(i) The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a)(i) of this section; and
(iii) The incorporated rules are maintained at the Wyoming Gaming Commission’s office, 951 Werner Court, Suite 335, Casper, Wyoming, 82601 and are available for public inspection and copying, at no cost to the public, at the same location.